Loading...
HomeMy WebLinkAbout2017 02 07 AIS for Robbins Zone ChangeAGENDA ITEM SUMMARY Meeting Date: 2/7/2017 Meeting Type: Regular Meeting Staff Contact/Dept.: Phil Farrington/DPW Staff Phone No: 541-726-3654 Estimated Time: 15 Minutes S P R I N G F I E L D PLANNING COMMISSION Council Goals: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE: REQUEST FOR ZONING MAP AMENDMENT APPROVAL ON PROPERTY LOCATED AT 5892 MAIN STREET AND ADJACENT PARCEL. ACTION REQUESTED: Planning Commission approval of this Zone Change request (TYP316-00004) by motion. ISSUE STATEMENT: The Planning Commission is requested to conduct a public hearing and decide whether or not to approve a request to amend the official Springfield Zoning Map from General Office (GO) to Neighborhood Commercial (NC). ATTACHMENTS: Attachment #1: Staff Report and Findings Attachment #2: Current and Proposed Zoning of Subject Site Map-A and Map-B Attachment #3: Legal Descriptions for Tax Lots 510 Legal-A and 511 Legal-B Attachment #4: Application Attachment #5: Planning Commission Final Order DISCUSSION: The affected properties include a developed parcel municipally addressed as 5892 Main Street (Map 17-02-34-32, Tax Lot 511) and an adjoining parcel not currently addressed (Map 17-02- 34-32, Tax Lot 510). The developed parcel (Tax Lot 511) is developed with an 8,832-square foot building occupied with a florist shop, insurance office, and other commercial office/retail suites. The adjoining parcel (Tax Lot 510) is developed with a paved surface parking lot and associated landscaping. Both properties are currently zoned General Office (GO), as depicted on the official Springfield Zoning Map. The adopted comprehensive plan for this area of Springfield (the Metro Plan) designates the subject properties as Medium Density Residential (MDR). The Metro Plan allows for GO and/or Neighborhood Commercial (NC) uses to implement the MDR designation on a small-scale, site-specific basis subject to local zoning ordinances. Because of its developed status, the subject site was not included in the City’s Residential Lands and Needed Housing Analysis, so approval of the requested zone change would not affect the City’s inventory of needed residential land. Zoning of properties in the vicinity of the subject site include General Office (immediately north of the properties across A Street), Neighborhood Commercial (south and west), Community Commercial (west), Public Land and Open Space (north), and Medium Density Residential (east and south). Tax Lot 511 was developed in 1981 as a multi-tenant commercial structure. Some existing spaces within the building are currently vacant. The requested zone change would allow for a greater range of potential uses for the properties, as allowed in the Neighborhood Commercial zoning district. The Planning Commission approved a similar zone change from GO to NC in 2013 for the immediately adjacent property to the west (i.e., Tax Lots 202 and 400; TYP313-00003). Section 3.2-305.A. of the Springfield Development Code allows Neighborhood Commercial uses to provide modest-sized sites for day-to-day commercial needs of the immediate neighborhood and are intended to blend in with adjacent residential areas. Robbins Zoning Map Amendment Staff Report January 25, 2017 1 Staff Report and Findings Planning Commission Zoning Map Amendment Hearing Date: February 7, 2017 Case Number: TYP316-00004 Applicant: Michael Reeder Property Owners: Scott B. and Lisa C. Robbins Site: 5892 Main Street (Map No. 17-02-34-32, Tax Lots 510 and 511) Request Rezone 0.85-acre site comprised of Tax Lots 510 and 511 from General Office (GO) to Neighborhood Commercial (NC). I. Site Information/Background The application for Zoning Map Amendment was submitted to the City on November 18, 2016 and accepted as complete on December 19, 2016. The City conducted a Development Review Committee meeting on the proposed rezoning on January 10, 2017. The subject properties (herein referred to as the “subject site”) proposed for zone changes are currently developed. The southern parcel (Tax Lot 511) is approximately 0.62 acres, or 27,007 square feet in size and is addressed at 5892 Main Street. An existing 8,832 square foot building on TL 511 is divided into seven commercial suites, and is occupied with a florist shop and a mix of small-scale commercial retail and office uses. TL 511 also has a fully improved parking lot with 23 parking stalls and landscaping. The northern parcel (Tax Lot 510) is 0.23 acres, or 10,019 square feet in size with frontage on A Street, and currently developed with 22 parking spaces and landscaping. Abutting the subject site to the west is a 10’-wide accessway and paved path that connects A Street (and Thurston High School) to Main Street for pedestrian and bicycle traffic. Adjacent to the site to the west is a dentist’s office, a Dutch Bros. drive-through coffee kiosk, and vacant NC-zoned parcels. North of the subject site across A Street are two parcels zoned GO but developed with two pairs of duplexes on each parcel. Medium density residential development, primarily duplexes, occupies all property along the north side of A Street to its intersection with 60th Place; all of these properties are zoned Medium Density Residential (MDR). Attachment 1, Page 1 of 7 Robbins Zoning Map Amendment Staff Report January 25, 2017 2 Abutting the site to the east is a duplex (east of TL 510) and a single-family residence (east of TL 511, taking access off Main Street), both zoned MDR. The remainder of lots on Main Street and the south side of A Street to the intersection with 60th Place are developed with a mix of single-family and duplexes on LDR- and MDR-zoned parcels. South of the subject site across Main Street between 58th and 59th Streets are properties zoned MDR, NC and Community Commercial (CC). A dental clinic is located on the south side of Main Street at its intersection with 59th Street, and a pediatric dental clinic currently in development review is located immediately to the west, directly south of the subject site. II. Procedural Requirements SDC 5.22-110 identifies the process to be followed when amending the official Springfield Zoning Map. The proposal involves a single site comprised of two tax lots under common ownership. A Metro Plan diagram amendment is not required to establish NC zoning; NC uses are part of the 32 percent of residential designations developed with auxiliary uses that “shall be allowed within residential designations…” (See also Findings 8-12 below) The site’s existing plan designation of MDR allows both the existing and proposed zoning. SDC 5.22-110.B. describes this type of proposal as a Quasi-Judicial Zoning Map Amendment, to be reviewed using the City’s Type III review process outlined in SDC 5.1-135. Type III review requires both newspaper notice and mailed notice to property owners and occupants within 300 feet of the subject property, and requires that a sign be posted on the subject site. The content and timing of these notices are established in SDC 5.2-115. Notice of the proposed Zoning Map Amendment must also be sent to the Department of Land Conservation and Development (DLCD) as specified in ORS 197.610 and OAR 660-18-0020. This notice must be filed no less than 35 days before the first evidentiary hearing. Findings: 1. Consistent with SDC 5.22-110, on November 18, 2016 the Applicant initiated the proposed amendment to the official Springfield Zoning Map to rezone the subject properties from General Office to Neighborhood Commercial. 2. A public hearing was scheduled before the Springfield Planning Commission for February 7, 2017. 3. The required DLCD notice was submitted on-line through the DLCD web portal on December 28, 2016, alerting the agency to the City’s intent to amend the Zoning Map. The notice was submitted 41 days in advance of the first evidentiary public hearing, thus exceeding the DLCD notice requirement in ORS 197.610. 4. A Development Review Committee meeting was held on January 10, 2017. Findings and conditions of approval issued by participating City and agency staff members are contained in this report. No comment was provided by the Oregon Department of Transportation; therefore no objection was registered by ODOT to the proposed zoning map amendment. Attachment 1, Page 2 of 7 Robbins Zoning Map Amendment Staff Report January 25, 2017 3 5. Notice of the Planning Commission public hearing concerning the proposed zoning map amendment was mailed on January 17, 2017 to property owners and occupants within 300 feet of the subject site. The mailing allowed more than 20 days’ notice before the first public hearing as required by SDC 5.2-115.A. 6. Notice concerning this matter was published on January 17, 2017 in The Register Guard advertising the public hearing before the Planning Commission on February 7, 2017. The content of the notice followed requirements set forth in SDC 5.2-115.B. for quasi-judicial actions. 7. On-site notice of the pending application and public hearing was posted December 29, 2016. Conclusion: Procedural requirements outlined in SDC 5.2-115 and 5.22-110 were followed. The DLCD notice was properly issued as required by ORS 197.610 and OAR 660-18-0020 for amending the official Springfield Zoning Map. III. Criteria of Approval Per SDC 5.22-115.C., Zoning Map Amendments must conform to the following approval criteria: 1. Consistency with applicable Metro Plan policies and the Metro Plan diagram; 2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual Development Plans and functional plans; and 3. The property is presently provided with adequate public facilities, services and transportation networks to support the use, or these facilities, services and transportation networks are planned to be provided concurrently with the development of the property. 4. Legislative Zoning Map amendments that involve a Metro Plan Diagram amendment shall: a. Meet the approval criteria specified in Section 5.14-100; and b. Comply with Oregon Administrative Rule (OAR) 660-012-0060, where applicable. Criterion #1: “Consistency with applicable Metro Plan policies and the Metro Plan diagram.” Findings: 8. The Metro Plan diagram identifies the subject site as being designated Medium Density Residential (MDR). 9. The Metro Plan expressly identifies the residential designation as including “neighborhood commercial services” and that such uses “shall be allowed within residential designations if compatible with refinement plans, zoning ordinances, and other local controls for allowed uses in residential neighborhoods.” (Metro Plan, pg. II- G-4) 10. There is no adopted neighborhood refinement plan that covers the Thurston area or the subject site. Attachment 1, Page 3 of 7 Robbins Zoning Map Amendment Staff Report January 25, 2017 4 11. The Springfield Development Code allows for establishment of the Neighborhood Commercial (NC) zoning district for “sites up to 3 acres in size to provide day to day commercial needs for support populations up to 4,000 people. NC developments should enhance rather than intrude on the character of a neighborhood by using landscaping, building materials and design features that are similar to and in proportion with residential uses. New NC Districts larger than 1.5 acres shall be limited to collector and arterial streets. Existing NC Districts on local streets shall not be allowed to expand beyond 1.5 acres unless the development area abuts a collector or arterial street.” (SDC 3.2-305.A.) 12. The subject site consists of two parcels totaling 0.85 acres in size, and has frontage on Main Street and on A Street. Two abutting parcels (Map 17-02-34-32, TLs 202 and 400) totaling 1.95 acres in size, also with frontage on Main Street and A Street, were rezoned from General Office to Neighborhood Commercial in 2013 (Case TYP313-00003). A Street is classified as a Local Street and Main Street is classified as a Major Arterial street in the City’s adopted Transportation System Plan. 13. The subject site has been zoned GO and in commercial use since 1981, with both office and retail uses that are permitted in both the GO and NC zoning districts. 14. The adopted Residential Land Use and Housing Element of Springfield 2030, the Residential Land and Housing Needs Analysis (RLHNA) identified a surplus of buildable land in the MDR designation to meet projected needs through the planning horizon. Therefore, rezoning the subject property from GO to NC will have no effect on the inventory of buildable MDR-designated land in Springfield. Moreover, since the site has been previously developed for non-residential use, the subject property was not included in the City’s inventory of vacant buildable lands eligible for future MDR development at suitable densities. 15. Metro Plan Policy B.28 states: “Recognize the vital role of neighborhood commercial facilities in providing services and goods to a particular neighborhood.” (pg. III-B-6) 16. Metro Plan Policy B.29 states: “Encourage the expansion or redevelopment of existing neighborhood commercial facilities as surrounding residential densities increase or as the characteristics of the support population change.” (pg. III-B-6) 17. The proposed zone change from GO to NC expands the range of potential uses on the subject site, consistent with Metro Plan policies, local zoning controls established in the Springfield Development Code, and the Metro Plan diagram. 18. Properties in the vicinity of the subject site have a mix of commercial and residential zoning, including CC, GO, NC, and MDR. The proposed rezoning is compatible with existing nearby uses and continues to provide for a reduction in the intensity of permitted uses as non-residential zoning districts approach or abut residential developments to the east. Conclusion: The proposed Zoning Map Amendment will change the zoning classification for the subject site from General Office to Neighborhood Commercial; this zoning is consistent with the site’s MDR designation on the Metro Plan diagram, and with applicable Metro Plan policies cited in Findings 8-18 immediately preceding, and is therefore consistent with the above criterion. Attachment 1, Page 4 of 7 Robbins Zoning Map Amendment Staff Report January 25, 2017 5 Criterion #2: “Consistency with applicable Refinement Plans, Plan District maps, Conceptual Development Plans and functional plans.” Findings: 19. There are no adopted neighborhood refinement plans, Plan Districts or Conceptual Development Plans governing the Thurston area or the subject site. 20. There are two adopted and acknowledged functional plans that apply to all land within Springfield’s planning jurisdiction: The Springfield 2035 Transportation System Plan (TSP) is the functional refinement to the Metro Plan dealing specifically with transportation facilities and Springfield’s compliance with statewide planning Goal 12; the Public Facilities and Services Plan is the functional refinement to the Metro Plan providing the policies and projects needed for compliance with statewide planning Goal 11, Public Facilities and Services. 21. The proposed zone change from GO to NC is consistent with, and does not alter the TSP’s policies and projects, and is therefore consistent with the TSP. 22. The State’s Transportation Planning Rule (OAR 660-012-0060) establishes standards for determining if a proposed zoning map amendment “significantly affects” an existing or planned transportation facility. As noted in findings below, the TPR standards are not triggered. 23. The site is presently served with all appropriately sized key urban services required under Goal 11 and the City’s public improvement standards as noted in the findings below. Conclusion: The proposed zoning map amendment is consistent with the City’s adopted Transportation System Plan and Public Facilities and Services Plan, both of which are acknowledged functional plans. Absent any other refinement plan, Plan District, or Conceptual Development Plan, the Metro Plan diagram prevails, and the site’s proposed zoning classification is deemed consistent with the Metro Plan diagram. The proposal is therefore consistent with the above criterion. Criterion #3: “The property is presently provided with adequate public facilities, services and transportation networks to support the use, or these facilities, services and transportation networks are planned to be provided concurrently with the development of the property.” Findings: 24. The subject site has available sanitary sewer mains located in both A Street and Main Street, and the existing building on Tax Lot 511 has a sanitary sewer line that extends from A Street to the northeast corner of the parcel. 25. Stormwater mains are located in A Street and Main Street, with stubs extending to both tax lots comprising the subject site. 26. Water and electric utilities are available, and already serve the subject site. Attachment 1, Page 5 of 7 Robbins Zoning Map Amendment Staff Report January 25, 2017 6 27. Both tax lots have approved access driveways with improved internal circulation and parking, and frontage on fully improved public streets. Conclusion: The subject site has adequate public infrastructure and facilities needed to support existing uses and those allowed in the proposed NC zoning district. Therefore the proposal is consistent with the above criterion. Criterion #4: “Legislative Zoning Map amendments that involve a Metro Plan Diagram amendment shall: a. Meet the approval criteria specified in Section 5.14-100; and b. Comply with Oregon Administrative Rule (OAR) 660-012-0060, where applicable.” Findings: 28. The proposed Zoning Map Amendment involves a site-specific zone change to two abutting parcels under common ownership. Both parcels are currently zoned General Office, but designated Medium Density Residential on the Metro Plan diagram. 29. SDC 3.2-305.A. provides for the Neighborhood Commercial (NC) zoning district to be established at “sites up to 3 acres in size to provide day to day commercial needs” primarily for local residents. Combined with the two neighboring NC-zoned properties to the west, approval of the Applicant’s proposed zone change would result in a total of 2.8 acres of NC-zoned property east of 58th Street between A Street and Main Street. The City’s Development Code also states that NC developments are intended to “enhance rather than intrude on the character of a neighborhood by using landscaping, building materials and design features that are similar to and in proportion with residential uses.” 30. The proposed NC zone is allowed for site-specific developments where the parcel’s underlying Metro Plan diagram designation is commercial or residential. Therefore the proposed zoning is consistent with the site’s existing Metro Plan land use designation, and no Metro Plan diagram amendment is required or warranted. 31. SDC 5.22-110.B. defines Quasi-Judicial Zoning Map amendments as those “…generally affecting a single or limited group of properties and may or may not include a Metro Plan diagram amendment.” 32. Because the proposal is site-specific and does not propose to modify the adopted Metro Plan diagram, it is being processed as a Type III Zoning Map Amendment, consistent with requirements for Quasi-Judicial Zoning Map amendments as specified in SDC 5.22- 110.B. Since the application is not for, nor does it require, a Legislative Zoning Map amendment, the approval criteria for Metro Plan diagram amendments in SDC 5.14-100 does not apply. If a plan amendment is not proposed or necessary then the criterion above in SDC 5.22-115.C.4.a. also is not applicable to this application. 33. OAR 660-012-0060 (1) establishes the basis for determining if an amendment to a land use regulation (including a zoning map amendment) would “significantly affect” an existing or planned transportation facility. Attachment 1, Page 6 of 7 Robbins Zoning Map Amendment Staff Report January 25, 2017 7 34. OAR 660-012-0060 (9) provides that the “local government may find that an amendment to a zoning map does not significantly affect an existing or planned transportation facility” if all the requirements in subsections (a)-(c) are met. 35. OAR 660-012-0060 (9)(a) states a zoning map amendment doesn’t significantly affect a facility if the proposed zoning is consistent with the existing comprehensive plan map designation, and the map amendment does not change the comprehensive plan map. As found above, the proposal requires only a change of the official Springfield Zoning Map, and not the Metro Plan diagram. Findings above also demonstrate that the site’s existing GO zoning and proposed NC zoning both implement the Metro Plan’s MDR designation. 36. OAR 660-012-0060 (9)(b) states that a zoning map amendment doesn’t result in a significant affect if the local government has an acknowledged Transportation System Plan (TSP) and the proposed zoning is consistent with the TSP. The Springfield 2035 TSP was acknowledged by DLCD, and the proposed zone change is consistent with the TSP, and does not affect TSP policies or projects. 37. OAR 660-012-0060 (9)(c) refers to exemptions from the TPR standards if the area in the proposed zoning map amendment was subject to an UGB amendment or TSP amendment to account for urbanization of the area. The subject site has long been within the Springfield UGB and city limits, so this criterion is not applicable. Conclusion: The proposed Zoning Map Amendment is “quasi-judicial” in nature and not “legislative.” The proposal also meets the applicable standards in OAR 660-012-0060 (9), and therefore does not significantly affect an existing or planned transportation facility. Therefore, the above criterion is not applicable to this proposal. IV. Overall Conclusion and Staff Recommendation The above findings of fact and conclusions demonstrate that the proposed Zoning Map Amendment is consistent with the applicable criteria of approval in Springfield Development Code Section 5.22-115. Staff recommends that the Planning Commission approve the proposed amendment to change the existing General Office zoning on the subject site to Neighborhood Commercial based on these findings and conclusions. The Planning Commission may also consider the evidence and testimony submitted by the applicant and included in this report as Attachment 4. Attachment 1, Page 7 of 7 Robbins Zoning Map Amendment Staff Report January 25, 2017 1 CURRENT ZONING – Map A PROPERTY PROPOSED FOR ZONING MAP AMENDMENT 5892 MAIN ST. (MAP 17-02-34-32, TAX LOTS 510 & 511) PROPERTY CURRENTLY ZONED GENERAL OFFICE (GO) ZONING MAP LEGEND Low Density Residential (LDR) Neighborhood Commercial (NC) Medium Density Residential (MDR) General Office (GO) Community Commercial (CC) Public Land and Open Space (PL) N 58th ST SITE S. 59th ST TL 510 TL 511 Attachment 2, Page 1 of 2 Robbins Zoning Map Amendment Staff Report January 25, 2017 2 PROPOSED ZONING – Map B PROPERTY PROPOSED FOR ZONING MAP AMENDMENT 5892 MAIN ST. (MAP 17-02-34-32, TAX LOTS 510 & 511) PROPERTY PROPOSED FOR NEIGHBORHOOD COMMERCIAL (NC) ZONING ZONING MAP LEGEND Low Density Residential (LDR) Neighborhood Commercial (NC) Medium Density Residential (MDR) General Office (GO) Community Commercial (CC) Public Land and Open Space (PL) N 58th ST S. 59th ST TL 510 SITE TL 511 Attachment 2, Page 2 of 2 Attachment 3, Page 1 of 3 Attachment 3, Page 2 of 3 Attachment 3, Page 3 of 3 Attachment 4, Page 1 of 46 Attachment 4, Page 2 of 46 Attachment 4, Page 3 of 46 Attachment 4, Page 4 of 46 Attachment 4, Page 5 of 46 Attachment 4, Page 6 of 46 Attachment 4, Page 7 of 46 Attachment 4, Page 8 of 46 Attachment 4, Page 9 of 46 Attachment 4, Page 10 of 46 Attachment 4, Page 11 of 46 Attachment 4, Page 12 of 46 Attachment 4, Page 13 of 46 Attachment 4, Page 14 of 46 Attachment 4, Page 15 of 46 Attachment 4, Page 16 of 46 Attachment 4, Page 17 of 46 Attachment 4, Page 18 of 46 Attachment 4, Page 19 of 46 Attachment 4, Page 20 of 46 Attachment 4, Page 21 of 46 Attachment 4, Page 22 of 46 Attachment 4, Page 23 of 46 Attachment 4, Page 24 of 46 Attachment 4, Page 25 of 46 Attachment 4, Page 26 of 46 Attachment 4, Page 27 of 46 Attachment 4, Page 28 of 46 Attachment 4, Page 29 of 46 Attachment 4, Page 30 of 46 Attachment 4, Page 31 of 46 Attachment 4, Page 32 of 46 Attachment 4, Page 33 of 46 Attachment 4, Page 34 of 46 Attachment 4, Page 35 of 46 Attachment 4, Page 36 of 46 Attachment 4, Page 37 of 46 Attachment 4, Page 38 of 46 Attachment 4, Page 39 of 46 Attachment 4, Page 40 of 46 Attachment 4, Page 41 of 46 Attachment 4, Page 42 of 46 Attachment 4, Page 43 of 46 Attachment 4, Page 44 of 46 Attachment 4, Page 45 of 46 Attachment 4, Page 46 of 46 BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD, OREGON REQUEST FOR ZONING MAP AMENDMENT + CASE NO. TYP316-00004 + FINDINGS, CONCLUSIONS, + AND ORDER NATURE OF THE APPLICATION Zone change from General Office to Neighborhood Commercial for Assessor’s Map 17-03-34-32, Tax Lots 510 and 511, municipally addressed as 5892 Main Street and adjoining parcel. 1. On November 18, 2016 the following application for a Zoning Map Amendment was accepted: Rezone approximately 0.85 acres of land from General Office to Neighborhood Commercial, Case Number TYP316-00004, Michael M. Reeder, applicant. The areas requested for rezoning are generally depicted and more particularly described in Attachment 1 to this Final Order. 2. The application was submitted in accordance with Section 5.4-105 of the Springfield Development Code. Timely and sufficient notice of the public hearing, pursuant to Section 5.2-115 of the Springfield Development Code, was provided. 3. On February 7, 2017 a public hearing on the Zoning Map Amendment request was held. The Development and Public Works Department staff notes including criteria of approval, findings and recommendations, together with the testimony and submittals of the persons testifying at that hearing have been considered and are part of the record of this proceeding. CONCLUSION On the basis of this record, the requested Zoning Map Amendment application is consistent with the criteria of Section 5.22-115 of the Springfield Development Code. This general finding is supported by the specific findings of fact and conclusions in the staff report (Exhibit A) attached hereto. ORDER It is ORDERED by the Planning Commission of Springfield that Case Number TYP316-00004, Zoning Map Amendment Request, be approved. This ORDER was presented to and approved by the Planning Commission on February 7, 2017. _______________________________ Planning Commission Chairperson ATTEST AYES: NOES: ABSENT: ABSTAIN: Attachment 5, Page 1 of 1